“Fayer Gipson LLP Wins Summary Judgement for Romania and RADEF Romania Film in Defense of International Misappropriation Suit”

In September of 2017, Fayer Gipson LLP won a complete summary judgment for the Government of Romania and RADEF Romania Film, Romania’s state-operated film company. Fayer Gipson defeated the claims brought in the Central District of California by the heirs of the former owners of a Romania-based film company that was allegedly misappropriated by the former communist regime.

In April 2017, Fayer Gipson LLP achieved a complete victory in AAA arbitration proceedings against its client’s former CFO and his counsel for breaching a prior agreement between the company and the CFO. After holding a three-day evidentiary hearing, the arbitrator found in favor of Fayer Gipson’s client and against the former CFO and his counsel on all causes of action, and denied all of the former CFO’s counterclaims. In addition to damages and injunctive relief, the arbitrator awarded fees and costs jointly and severally against the former CFO and his counsel, totaling over half a million dollars. The Fayer Gipson team was led by Mr. Fayer and Ms. Millard.

In February 2017, Fayer Gipson LLP achieved an extraordinary result, settling – in the midst of trial – over $23 million in investment fraud claims against its clients in exchange for a “walkaway” settlement agreement in which both sides agreed to end the trial and dismiss their claims and counterclaims with neither side taking anything for their claims. Fayer Gipson took over as lead trial counsel less than four months before the trial began, and Mr. Fayer led a team of 6 trial attorneys from 3 different law firms at trial.

In October 2016, the Ninth Circuit upheld Fayer Gipson’s total dismissal at summary judgment of all claims against client Mango Languages in a copyright infringement suit. The trial court, in a published decision, ruled that any alleged use of plaintiff’s works by Mango was permitted under an implied non-exclusive license to use the works in question. Mango is the maker of one of the leading internet-based language learning programs, marketed primarily to schools, libraries and government institutions. Earlier, in January 2013, Fayer Gipson won dismissal of the plaintiff’s conversion and quantum meruit claims, which were preempted by the Copyright Act, as well as dismissal of plaintiff’s claims for attorneys’ fees, statutory damages, and punitive damages. That decision was selected by LEXIS as one of the “Top 10” copyright decisions for this period. Case ID: Reinicke v. Creative Empire LLC, U.S. District Court, Southern District of California, Case No. CV 12-01405 GPC (KSC).

In August 2016, Fayer Gipson LLP achieved a total victory in California state court on behalf of its client, Aero-Nasch Aviation, Inc., a leading designer and manufacturer of jet airplane interiors. The Court granted summary judgment in favor of defendants Aero-Nasch and its founder, William Onasch, on all causes of action asserted against them by a former minority owner of a jet engine cover business, Jet/Brella, which was jointly owned by Onasch and the plaintiff.

“Fayer Gipson LLP Wins Total Victory on Behalf of German Film Fund Against Producers of Ray Romano/Zoe Deschanel Film”

In August 2016, Fayer Gipson LLP won an arbitral award on behalf of its client, German-based film fund, Equity Pictures, against Myriad Pictures, producer of the Ray Romano/Zoe Deschanel film, Eulogy. The award of over $800,000 was for the entire claimed amount, including attorneys’ fees and costs. The case involved determinations of complex aspects of German law, under which the claims arose.

In April 2016, Fayer Gipson LLP achieved a $1.6 million judgment on behalf of its client, CO|FXFOWLE Architects, against three developers of an $88 million Las Vegas development project. Earlier in the case, Fayer Gipson obtained a writ of attachment in the same amount ($1.6 million), and obtained sanctions awards against the defendants.

Fayer Gipson LLP is proud to represent international non-profit environmental advocacy group Natural Resources Defense Council (“NRDC”) in connection with its efforts to stop the infamous Alaskan “Pebble Mine” project. Robert Redford, an NRDC trustee, has called the project “an environmental disaster waiting to happen.” Fayer Gipson partner, Gregory Fayer, previously worked with NRDC for years in connection with its efforts to reduce the harm to whales, dolphins and other marine mammals caused by the U.S. Navy’s use of high-intensity sonar in training exercises. Mr. Fayer argued and won a preliminary injunction that was later reversed in part, but sustained in part, by the U.S. Supreme Court.

“Fayer Gipson LLP Wins Total Dismissal of Claims re ‘Entertainment Division’ on Behalf of Largest Independent Church in U.S.”

In August 2015, Fayer Gipson LLP won a total dismissal on behalf of its client Lakewood Church, led by Joel and Victoria Osteen, after a former business partner and producer, Robert Lee Smith, asserted claims for entitlement to a percentage of all revenues from any film, television, music, satellite radio or other entertainment-related project that the Church might sponsor. Fayer Gipson asserted claims for declaratory relief, and Smith countersued under a Desny idea submission theory and breach of oral and implied contract. On February 17, 2015, the Court granted Fayer Gipson’s motion to dismiss in its entirety. Plaintiff subsequently amended and Fayer Gipson again moved to dismiss and for sanctions. The plaintiff agreed to dismiss the claims with prejudice prior to the hearing, without conditions or settlement of the claims.

In May 2015, Fayer Gipson LLP successfully achieved dismissal on jurisdictional grounds of its client, Global Delivery Network, a global commercial packaging and delivery service, from a suit involving claims brought by competitor, Landmark Global. Shortly after the dismissal, the claims between Landmark Global and one of GDN’s executives were resolved pursuant to a confidential settlement agreement.

In June 2014, Fayer Gipson brought a successful conclusion to trademark litigation against Khloe, Kourtney and Kim Kardashian and Boldface Group, the distributor of the Kardashians’ KHROMA makeup line. In early 2013, Fayer Gipson filed federal trademark infringement and unfair competition claims on behalf of By Lee Tillett, Inc., the owner of the federally-registered KROMA® trademark for cosmetics. In March 2013, Fayer Gipson won a preliminary injunction prohibiting the defendants from further distributing their KHROMA cosmetics line after the court found that Tillett’s decade-old business would likely be destroyed absent an injunction. The court entered a permanent injunction in August 2013.

In March 2014, after Tillett’s counsel presented evidence showing apparent violations of the court’s injunction, the court held Boldface in contempt and ordered it to pay Tillett’s attorneys’ fees and to disgorge and pay Tillett all profits from goods sold in violation of the injunction.

In April 2014, the court tentatively denied in relevant part the Kardashians sisters’ motion to be dismissed from the case, finding that Tillett’s claims against the Kardashians for vicarious trademark infringement should go to trial. Shortly thereafter, the parties reached a settlement agreement. The case was dismissed per the terms of the confidential settlement in June 2014. The permanent injunction remains in place. Case ID: Boldface Licensing + Branding v. By Lee Tillett, Inc., Case No. 2:12-cv-10269 ABC, U.S. District Court, Central District of California.

“Fayer Gipson Obtains $3.9 Million Judgment in Dispute Over Film Distribution Proceeds”

In March 2014, the Los Angeles Superior Court entered judgment for $3.9 million in favor of Fayer Gipson client, Munich-based film funding and production company, Equity Pictures, in a dispute over film revenues and proceeds against a prominent U.S. sales agent and distributor. The award included a $21,000 contempt award stemming from the opposing party’s failure to comply with the Court’s order requiring the defendant to submit to an accounting. The judgment was entered after Fayer Gipson prevailed on Equity’s breach of contract and accounting claims on summary judgment. Case ID: Equity Pictures v. Chumscrubber Distribution, LLC et al., Case No. BC 445914, Los Angeles Superior Court.

“Fayer Gipson Obtains Dismissal of Breach of Contract Suit Against Film Financier”

Fayer Gipson successfully defended German film fund Equity Pictures against claims by a distributor of four Equity-funded films that Equity breached an alleged side agreement with the distributor. In March 2014, after several months of aggressive discovery aimed at undermining the allegations and showing that no side agreement existed, the distributor voluntarily withdraw its lawsuit its entirety on the eve of Equity’s bringing of a summary judgment motion and request for sanctions. There was no settlement agreement. Case ID: Triyar Companies, Inc. v. Equity Pictures et al., Case No. BC 445950, Los Angeles Superior Court.

Fayer Gipson successfully represented Shop Vac in defeating a motion for preliminary injunction brought by plaintiff Mytee Products in November 2013. In denying the injunction, the federal district court found that the plaintiff was unlikely to succeed on the merits of its trademark infringement claims and that it had failed to show irreparable harm. Following this decision, the case settled and was dismissed. Case ID: Mytee Products, Inc. v. Shop Vac Corp., 13CV1610 BTM (BGS), U.S. District Court, Southern District of California.

In 2012, Fayer Gipson filed trademark and false advertising claims against Google and the maker of rival Internet content-filtering software program, Net Nanny, in connection with the use of Fayer Gipson client CYBERsitter’s mark in false advertisements displayed on Google’s AdWords platform. The complaint alleged that Google knowingly facilitated the display of the false ads in violation of both the Lanham Act and Google’s own trademark use policies.

In October 2012, the federal district court rejected Google’s motion to dismiss CYBERsitter’s state law claims under the Communications Decency Act, and also rejected Google’s motion to transfer the case to Silicon Valley. The case, which was closely watched for its implications for the use of third party trademarks by search engines as keywords and in advertising, was settled on undisclosed terms in May 2013. Case ID: CYBERsitter, LLC v. Google Inc. et al., U.S. District Court, Central District of California, Case No. CV 12-5293 RSWL (AJWx).

“Fayer Gipson Wins Dismissal of Conversion and Quantum Meruit Claims in Top 10 Copyright Case of January 2013”

On January 24, 2013, Fayer Gipson won dismissal of conversion and quantum meruit claims in a copyright infringement case filed against Creative Empire, LCC, creator of the Mango Languages foreign language learning programs on the basis that those claims were preempted by the Copyright Act. The order also dismissed plaintiff’s claims for attorneys’ fees, statutory damages, and punitive damages. On February 1, 2013, Lexis-Nexis cited the Court’s decision, and named the case to its list of the “Top Ten Copyright Cases for the Month of January 2013.” Case ID: Reinicke v. Creative Empire LLC, U.S. District Court, Southern District of California, Case No. CV 12-01405 GPC (KSC).

In 2011, former business associates of Avion Private Jet Club brought claims against the company, claiming in excess of $1 million in monies owed. Fayer Gipson defended the company and, in January 2013, settled the case for a small fraction of the demand. Case ID: Volgin v. Avion Private Jet Club, LLC, Los Angeles Superior Court, Case No. BC 463662.

“Jury Holds Distributors of Ryan Reynolds Film, Just Friends, Liable for $3.7 Million Breach of Contract”

In February 2012, Fayer Gipson obtained a $3.7 million judgment on behalf of a prominent German film finance and production fund for breach of a production and distribution agreement by a prominent U.S. film distributor. After a week-long trial in December 2011, a federal jury returned a unanimous verdict finding the defendants jointly liable for breach of contract under an alter ego theory, after defendants had formed a new company and transferred assets in an attempt to avoid payment. Case ID: Cinezeta Internationale v. Inferno Distribution, LLC et al., U.S. District Court, Central District of California, Case No. CV 10-9938 JFW(FMOx).

After prevailing in multiple jurisdictional battles fought over the course of two years, Fayer Gipson LLP, counsel for plaintiff, brought the high profile Green Dam software piracy litigation to a negotiated conclusion in April 2012. Plaintiff’s complaint alleged over $2 billion in damages stemming from the theft of Santa Barbara-based CYBERsitter, LLC’s software code, which was later incorporated into a censorware program promoted by the PRC and distributed by major international computer manufacturers to over 50 million end users. Pundits and experts opined that the case was unlikely to be heard by the U.S. courts since the bulk of the alleged infringement occurred overseas. Defendants’ counsel argued just that and urged the Court to dismiss the case, bringing several waves of jurisdictional motions. Plaintiff prevailed on each of these motions, setting key precedent on international jurisdictional and IP issues along the way. This case has been cited as a leading jurisdictional and IP infringement case in numerous legal textbooks, court opinions, and legal briefs. The case was dismissed pursuant to the settlement in April 2012. Case ID: CYBERsitter, LLC v. People’s Republic of China et al., U.S. District Court, Central District of California, Case No. CV 10-00038 JST(SHx).

“Fayer Gipson Obtains Stipulated Judgment and Permanent Injunction in Trademark Suit on Behalf of World Gym® in Federal Court”

Fayer Gipson LLP successfully represented plaintiff World Gym® in a trademark infringement and dilution case brought in federal court in Los Angeles against a non-California infringer. World Gym® obtained a stipulated judgment and an order for a permanent injunction in May 2012, requiring the defendant to cease and desist from the use of the plaintiff’s World® mark. Case ID: World Gym International IP, LLC v. World Fitness, Inc., U.S. District Court, Central District of California, Case No. CV 12-02551 ODW(FMOx).

“Fayer Gipson Achieves Settlement of Dispute Over $275 Million Spyglass Film Fund on Eve of Trial”

In January 2012, Fayer Gipson LLP obtained a settlement on the eve of trial in a suit involving claims relating to a $275 million credit facility that financed the production of over 15 major films including Star Trek, G.I. Joe and Dinner for Schmucks. The complaint alleged that the lead bank had mismanaged the credit facility, resulting in losses to the financing participants. Case ID: First California Bank v. Commerzbank Aktiengesellschaft et al., Los Angeles Superior Court, Case No. BC 449866.